LASSA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal revision petition has been filed by the petitioner being aggrieved with the order dated 28.10.2015 passed by Special Judge, NDPS Act Cases, Jodhpur (for short 'the appellate court' hereinafter) in Sessions Case No. 85/2013, whereby the application filed by the petitioner to declare his son Dinesh Kumar as juvenile has been dismissed.

(2.) Brief facts of the case are that on 07.04.2013, the Station House Officer, Police Station, Raniwara, District Jalore, acting on a secret information, stopped and searched a jeep bearing registration No. GJ12 -AK -3403, which was being driven by Dinesh Kumar son of present petitioner and recovered opium milk weighing 27 kgs. and arrested the petitioner's son Dinesh Kumar along with co -accused Ghewar Ram. The police after thorough investigation has filed charge -sheet against the petitioner's son Dinesh Kumar and other co -accused person under the provisions of NDPS Act.

(3.) The petitioner had filed an application before the trial court claiming that on the date of incident i.e. 07.04.2013, his son Dinesh Kumar was juvenile and, therefore, he should be declared as juvenile as per the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000. Enquiry was conducted by the trial court and statements of the petitioner, his wife, teacher of the Government Primary School and Sub -Inspector (Traffic) were recorded and after taking into consideration the said statements, the trial court rejected the application filed by the petitioner to declare his son juvenile vide order dated 29.05.2014.